What About Local Council Election?

To be honest, when I came across this issue on conversion of Queensbay project land from leasehold to freehold (a no no in the National Land Code) raised by the Sun yesterday, I thought it was done by the previous state government. Turns out I am wrong.

Source: http://queensbayshoppingmall.com/queensbay-mall/panoramic-photography-of-queensbay-mall

Apparently, the present CM, Guan Eng might have blundered in his zeal to try to revive a stalled project by defending the conversion. Anil Netto opined it might be because Penang is starved of monies (is it a surprise since BN is still in control of the federal govt?). But seriously, this is not really an excuse since the CM office should have lots of advisers to assist him. Even if it was not so, Guan Eng has been playing up a lot of previous mistakes done by the previous state government in relation to land in the past few months. Perhaps it is high time he apologise and think of a way to ensure compliance with the Federal law?

Of course if he is adamant about interpreting it like the way he cited:

..Section 76(aa)(iii) of the NLC which says land could be converted “where the State Authority is satisfied that there are special circumstances which render it appropriate to do so”.

despite Ms Agatha Foo, a senior conveyance lawyer stating that:

...Proviso in section 76 of the NLC, which Lim had overlooked in his assembly reply.

Foo noted that the proviso expressly prohibits the state from disposing of “any part of the foreshore or sea-bed for a period exceeding ninety-nine years”.

Source: http://www.answers.com/topic/penang

Then my question is, to be consistent in defying federal laws, why don't he push for the local council election? I believe there are also ways to get round the Local Government Act 1976 based on some loopholes cited by planning lawyer, Derek Fernandez.

Pakatan Rakyat state governments have to make sure they are consistent and fulfill all its promises in the best ability that they can. But to cite oversight is something that shouldn't happen in the first place and all necessary corrective actions should be taken. Whatever the excuse may be, they must be accountable for their actions.

I for one don't want Pakatan turn into another BN when they take over the Federal government.

In search for a meaning...

John is just like any ordinary working guy who has been dredging through life by living the expectations of his family. As the only son, he is expected to support and care his parents as they grow old even as his sisters marry off to other families. It is a blessing to have 5 generations living under one roof and importantly, to have each generation living harmoniously with one another. In fact, John's granddad, Alfred, told him when he was younger that in China, there are streets named as "5 generation" street.

John however has a longing. Despite raised as under a strict Confucius regime, he has been searching for meaning of life ever since his first encounter with people of other faith. You see, John used to walk to his school everyday. He happened to pass by a mosque and was amazed to see people coming in unison, irrespective of creed or colour, praying at the appointed hour in a synchronised movement. He began to wonder why people do it because back in his home and his community, most only pray as a family unit and gather in the temples for the gods & ancestors birthday and even then, prayer was offered in a predictable rhytme but not with such synchrony as the Muslims.

Source: http://happylists.wordpress.com/2008/04/15/10-ways-to-cope-with-missing-a-funeral/

Whenever he has a chance to speak to the Muslims, he would do so. To him, he has to know why. Eventually, through discourse, he felt deeply in his heart that his longing for meaning of life has been found. He wanted to embrace Islam but not sure what to do. He approached his parents during dinner and when he shared his longing, he was soundly scolded and caned. His parents said this is all wrong. He as the only son is expected to carry out the ancestral worship. To his parents, having no one to mourn and carry the coffin and sending them off when they pass on is unthinkable. As a strict measure, John was prevented from ever walking by the mosque and his parents took pain to pick him up after school each day to indoctrinate him the values of their people.

Eventually John forgotten about his meaning of life, a sacrifice made to appease his parents and in keeping with his understanding of the need to be filial. That was of course, when John was only in Standard 5.

Fast forward to the present, where John is now 43 years old. In keeping with the filial piety virtue expounded by Confusius, he has been labourously cleaned the ancestral tablets and worship altars for years now since his father's passing. His mother is now a grand mother to his two children, Mark who is 8 and Jane who is 5, and he is happily married with Mary. There are only 3 generations under John's roof but it's ok, who is to know someday there will be five generation?

Anyway, despite what appears to be a good and filial son, deep in John's mind, he knows he now has a chance to reopen the long lost chapter of his life. His dad's passing a couple of years ago made him realised the frailty of life. He realises that as he mourned for his dad, there must be more to life that what the Taoist priests have potrayed during the funeral rites. He saw the pictures of the gods so lifeless, distant and unattached to him and he wonders, is this all the meaning of life?

One day, John decided to visit the old mosque where he was forbidden to go near to. He saw a few men sitting at the verandah and seemed to be in a deep discourse. He was intrigued. He called out and asked if he could join in. Ali, the man speaking at that time was surprised but he welcomed John to have a discussion with them. Eventually, Ali realises John's longing and soon expounded the faith to him. John was delighted and decided there and there to accept the new found faith. The men there was delighted as well. Alas, another has found the meaning to life.

However, being apprehensive of the repurcussion he might face, John decided to keep quiet about his conversion for now. He was worried as he had memories of how he was severely treated for merely sharing his interests to his parents. Like a baby elephant grew up to be a giant still tied to a 6-metre long iron wire, he has not been able to unshackle his fears. As he bid farewell to his brothers in faith, he proceeded to hop into the car and drive off. Little did he know that this farewell is the last farewell he will bid to any living being on earth.

You see, John was later involved in an accident. It was most unfortunate as a drunk driver in a broad daylight smashed his car into the John's car and in that freak accident killing both of them. John was merely following the traffic rules, the drunk driver was obviously... drunk.

Mary was devastated when she received the call. She broke down in tears on hearing that and she took her children to go to the hospital to identify his husband. When she arrived, she couldn't even recognise his face. All that is left for her to recognise is that ring he once wore on his left hand and the unmistakably scar mark he had on his upper right shoulder. "What will I do John? Why did you left us?" as Mary mournfully eek to her now deceased husband.

Later that day, Mary was in for a shock. It turns out that Mary can't claim her husband's body as he has apparently converted to Islam in that same day. And to make matters worse, she found out that the property bequeath by John's father to John , which the entire family currently resides in, is now owned by the State as he has no other Muslim heirs. From sadness, it is now disbelief and anger. "Are you kidding me?" as Mary screamed. Again, Mary broke down, as she looked up, she saw her children tearfully crying and looking at her, wondering, what happened to daddy...

VK Lingam Tape Findings: Thanks for the obvious revelation but what's next?

One more week to go.

Is this a cause for celebration? I am not sure. But what happened last week was an eye opener. I have to admit, I am naive. I realised as much as I would like to avoid any "bad blood" and hoped for an orderly handover, more often than not, it will never happen. One can only propose, truly God is the only one who disposes. Things are complicated when everyone inevitably ask, "What is in it for me?"

Sigh...

Source: http://mts.marcusa.com/What_s+Next.2.lasso

Anyway, on the headlines yesterday, apparently the royal commission has concluded VK Lingam spoke to Fairuz. So what's new? Additional evidence that our judiciary is less than independent? Like the recent judicial reform general proposals and acknowledgement from the PM on what happened in the 1988 judicial crisis? Mahathir of course said this the royal commission is a scam perpetrated by Anwar as a form of "blackmail". This got me thinking though.

Considering the actions of late and if we follow the money trail, surely someone else, other than Anwar, will benefit from this "revelation". Someone who has everything to lose if this tape was not revealed in the first place? Well, two wrongs wouldn't make one right...

Of course, the wide repercussion of this whole episod has added to the long list of grievances suffered by the rakyat be it skyrocketing prices of goods and services, erosion of non-Muslim rights and increasing blatant display of opulence enjoyed by those in power and/or those seen walking close to them. I need not repeat what happened on March the 8th.

I will wait for the full report to be made public. Importantly, will the Government have the will to go further? To truly institute real lasting reforms that will restore the judiciary to where it was pre-1988?

Before Or After Conversion? That Is Not Really The Question

Backpedaling in less than a week? Since Abdullah announced the form filling measure, now authorities are worried that by making it difficult for would be converts to Islam to embrace Islam because of pre-condition administrative measures like informing their families prior to conversion, they may be discouraged from embracing the Islamic faith.

Source: http://www.infendo.com/category/sega/

So the arguments now may center on the following procedures with its pros and cons being discussed and perhaps, the come out with the best(?) solution :

i) Scrap the form filing procedures and revert to things at it is,

ii) Have the form filing procedures but only need to fill in after informing the family members but prior to conversion, or

iii) Have the form filing procedures but only need to fill in after the conversion.

Do you know why Jesus called the religious teachers during His time as generation of vipers? The blind leading the blind? It is simple really. It is because these religious teachers are formulating so many laws and requirements to ensure the people don't break God's laws. Imagine God's laws as a white border line to denote the demarcation zone. The laws and requirements formulated by these religious teachers are like hedges and warning signs put on the paralled and along the way leading to the demarcation zone.

In all technical sense it should be alright since they prevent the people from accidentally crossing over into the demarcation zone. Sadly, the white line is merely a marker pointing to the greater issue at hand and by building hedges and warning signs, it effectively prevent and distract the people from seeing the greater issue.

So what is the point in requiring would-be Islam converts fill in forms? Why worry about whether it will make people face difficulties in conversion or not to Islam? If the Government have the will to clearly define which court has the final say in all matters involving two affected parties, namely Muslims and non-Muslims, I think all these filling up forms before or after conversion is merely an administration procedure.

So will the Government let the white line (READ: Clearly define the final judicial authority rest in civil courts and Syariah courts are subservient in relation to cases involving both Muslims and non-Muslims) be the marker that lead the way or will they continue to be the hedge builders?

Govt's Resolution to Subashini's Dilemma?

According to Malaysiakini, the government is proposing to enact a new law requiring would-be converts to Islam to inform their families of their choices. He suggested to have a form or letter stating the pending convert has informed his/her family and they understood his/her decision. This apparently follows a series of allegations of "body-snatching" by Islamic authorities, who have seized remains for burial according to Muslim rites, against the objections of non-Muslim family members.

Source: http://www.huskyhealth.com/application.htm

Hmm...

Meanwhile, the Star Online quoted Abdullah on the following:

"If they want to convert (to Islam), there is nothing wrong, why must they hide (the fact of the conversion); tell (the family).

"We don't want problems later when the man converts and converts the children also whereas the wife has rights too," he told reporters Thursday after chairing a meeting of the National Council on Islamic Religious Affairs here.

I am curious why he mentioned the bolded sentence above. Is it in reference to Subashini case? I wonder how by filling a form and being informed by her ex-husband who intends on converting to Islam will stop him from converting their children without her consent? Will the Government be enacting laws that clearly indicate in matters in relation to dealings between Muslims and non-Muslims such as child care custody between two able separated/divorced parents, the final say rest with the civil courts and not syariah courts?

Or is filling up a form tantamount to merely adding paper evidence to perpetuate the confusion and legitimise the actions from the likes of Muhammad Shafi Saravanan Abdullah? If the Government truly cares about justice, nothing short of a clear direction on which court has the final say on such matters will be able to bring justice to aggrieved parties, be they Muslims and/or non-Muslims.

We can only wait and see...

Sigh, Sigh, Sigh...

I am tired. Seriously, very tired. It is not just physical exhaustion, but mental as well. Sometimes, I just feel like giving up. Actually, that "sometimes" is now. Sigh. At this juncture, I wonder what is the point to continue lambasting those in power who abuses their authorities?

Why don't I be just like Mr Lee Peir Jye, a Kepala Batas entrepreneur a.k.a. mobile phone owner who have this to say,

"It doesn't matter if it's Abdullah or someone else," says the mobile phone-shop owner. "As long as we support the government, there will be stability, and that's good for business."

Or perhaps En Ibrahim Anwar, a grilled-fish vendor coping with the lunchtime rush near Ahmad Badawi Avenue in Kepala Batas on why he plans to vote for Abdullah.

After mulling it over for a good minute, he finally answers: "Well, he comes from a good family. That is why we like him and vote for him."

Sigh. Some of you might dismiss these people as simpletons. I know I would. But can I? They carry a 1 vote that is supposedly of equal value and relevance as I. Surely, if we don't convince these people, how can changes come? It requires the participation of majority to make a difference. Or at least, that was of course what I thought earlier today. Until what I read just now.

In yet another challenge to the integrity of the electoral roll, a candidate has discovered 26 unknown individuals registered as voters at her family’s home.

Reacting to Lee’s (in reference to Jenice Lee, DAP candidate for the Teratai state seat in Selangor) concerns on the existence of 26 unknown voters at her house, EC secretary Kamaruzaman Mohd Noor did not considered it as a pressing “issue”.

“The legal issue is that your name must appear in the electoral roll (to vote) for a parliamentary seat or state seat,” he told Malaysiakini. Kamaruzaman said that the EC employed a comprehensive process in expunging names from the electoral rolls.

Given that the election is on Saturday, he suggested that as long as people are registered to vote, it shouldn’t matter what address they are registered at.

Source: http://www.become.com/pocketchange/2007/05/

Sigh. And as if that is not bad enough, this further cropped up.

The Election Commission has cancelled the use of indelible ink for this general election, citing public order and security issues.

Abdul Rashid said the use of indelible ink would not be effective as the country's constitution allows those who refuse to have their fingernail marked with the ink to still be issued with a ballot.

The loophole can only be removed with a constitutional amendment, which requires a vote by parliament, which has been dissolved for elections to take place.

How convenient right? 4 days prior to the election to decide otherwise when the EC chairperson has since last July to address this issue. I don't remember the BN controlled Parliament had no problems extending his tenure of service using the same tactic in December 2007. Sigh...

Perhaps I should stop speaking up. There is no reason to go through with all these mental, physical and emotional exhaustion. Sigh...

But then again, what could I have done for Lina Joy and Revathi Massosai when it comes to acts of state in infringing their religious freedom? Or R Subashini and S Shamala when they are denied a say in the conversion of their children? Or Nyonya Tahir and N Moorthy whose uncertain religious status has cause head and heartaches to their still living next of kin as their rights as rightful heirs to the deceased estates being taken away?

Should I mind my own business and carry on living in blissful ignorance? Is this the expected trait of bangsa Malaysia? Sigh...

It is legally certified, we are officially 2nd class!

Finally I get to access the Net. I was anxiously waiting for the outcome of the Subashini case to be announced today in Malaysiakini and the Sun when I surfed the Net from office at around 1 p.m. Sadly, the connection was down and I was deeply disappointed. I wondered of all times, why must it be then? Afterall, I really wanted to know if Subashini finally obtained her much deserving justice.

Source: http://www.publiclawcompany.com/00%20Justice%20&%20Symbolism/01%20Scales%20of%20Injustice.htm

Sadly, as I read on, I felt disturbed and sickened by the whole judgement. Yes, no doubt Subashini, as a non-Muslim, received a small token where her civil union is recognised by the High Court even if it is not recognised by the Syariah High Court by virtue of his husband's conversion to Islam. But the same court also ruled she can't stop her husband (which of course in Syariah it is ex-husband) from taking his custody and divorce proceeding case to Syariah courts. To add salt to injury, the husband can go about converting their only unconverted child as neither party can refrain the other from doing so.

I feel very sorry for her. I don't think she is worried about the money issue. It is more of her children. Afterall, if her husband can convert their second son to embrace Islam at 2 years old, it is definitely within the ambit of Syariah to require the child be removed from Subashini's custody. Even if Subashini protests, she has no relief since her husband has converted the child. Despite one of the judge mentioned she should have the right to protest, the other two obviously thought that was inappropriate. This is the most tragic part of the entire judgement. On one hand, the judges ruled the civil courts has exclusive jurisdiction because the civil union came about under the civil law. Yet within the same context it ruled that it cannot stop the husband from seeking redress from Syariah courts which obviously sides the husband because incidentally he is a Muslim. Ultimately, where is the much deserved justice? Is the court basically saying being a Muslim means you have more rights eventhough it is clearly an act of injustice to the aggrieved party which in this case it is clearly Subashini?

I read here that Malaysians should see Saravanan a.k.a. the estranged husband as an opportunist. The same also said he is not fit to be a father. But who is to blame him for taking advantage of the loopholes? Afterall, it is clearly provided in the laws of this land. The drafters must have known this would happen and implicitly allowed for it. The same legislators must also have known it and approved it. So now, what can the courts do? I honestly believe they could rule that these laws are contrary to the spirit of the Constitution. If they have already ruled they have exclusive jurisdiction since all these came about via a civil marriage and another landmark ruling in July (which clearly identified the jurisdiction of civil courts when it concerns a dispute between a Muslim and a non-Muslim), why can't they lead on from there and bar Saravanan from doing any conversion hanky panky until the whole legal custody of the child by the civil court be sorted out? Instead, Subashini has to now live in fear that anytime soon the Syariah court may take her only unconverted son away because somewhere out there, Saravanan may have converted their son by making a statutory declaration with a gleeful smile on his face knowing no one can stop him.

It is very disappointing to see that our courts, the last bastion of hope for the rakyat to seek legal redress, fail them time and time again. To me, it is a basic declaration that we, the non-Muslim, are now legally certified as 2nd class citizens because our only crime is we are not Muslims. I wonder what Lassie will do when confronted with helping the helpless and downtrodden. Somehow, I have an urging to pack my bags and leave this country for good. Must I come to that stage? Sigh...

A Merciful Joke - The Continuation

Well, you may wonder why am I still dwelling on this when I should be writing something on Christmas since it is only days away but I just can't help it. Honestly, I am not sure whether I should laugh or get angry by statements made by our AG.

In today's NST Online under the article, "Gani: It was the fairest thing to do", we read the following comments made by the AG:

"I can be very strict, but I don't think this is the right time to be," he said.

"When we exercise the law, we have to look at it fairly. It is my judgment that this is the fairest thing to do. "

And his main reason for dropping the murder charges?

The decision to withdraw the charges of attempted murder against the 31 men was the best course of action in light of public and national interest, Attorney-General Tan Sri Abdul Gani Patail said yesterday.

Honestly, does the AG assume that by evoking "in light of public and national interest", somehow we will overlook his gross incompetency? Or that summoning his will to be lenient, he is therefore seen as merciful? I wonder whether he was emotionally charged when he realised an enforcement officer was injured as a result of getting his head bashed with a brick and therefore decided to have a go at the Hindraf 31 by charging them with attempted murder to score some political mileage. If he has simply charge them in court with illegal assembly charges would have been understandable but he has to outdo the village idiot by making the following statements:

"We can't pinpoint who exactly did it or rather who was the one who 'threw the brick' at the person who was badly injured."

Gani said the 31 men were initially charged not because they were alleged to be Hindraf members but because they had committed an offence by participating in an illegal assembly.

Source: http://www.thisshirtrocks.com/Product/Shirts/1553/flippin-idiot.html

Look, Gani if you didn't do your homework and ensure that you have a case to prove beyond reasonable doubt that these Hindraf 31 are the murderers who threw the brick, please don't waste the time and resources of the courts to prove you are an emotionally charged idiot. Can't you differentiate between participation in an illegal assembly and murder attempt?

A Merciful Joke

Something is reeking foul in our legal system these days. The powers that be must be sending out a very strong signal that the judiciary alone cannot be trusted to dispense with justice simply because it needed assistance from various parties outside the judiciary system to provide justice when it is due vis-a-vis eyes of the powers-that-be.

Source: http://www.jewishworldreview.com/cols/thomas081898.html

Firstly, those whom the powers-that-be kept ranting as associated with terrorists are arrested under ISA. To top it off, they are detained (without trial) for 2 years. Obviously, if the powers-that-be can't find a suitable solution using the normal route pursued by civil society i.e. via the judiciary system, something must be very wrong or inadequate with the present judiciary system. Afterall, if we hold the tenet "the accused is deemed innocent until proven guilty" must be tried and have a legal representation to defend itself before the charges. To deprive them of that meant that 1) in the eyes of the powers-that-be, they are already guilty and 2) this can be done in such a manner where the tea leaves read danger and threat and the tea leaves reading are publised and made known to the public.

Secondly, the attorney general is getting appeals from the PM to drop charges against those who have been charged with attempted murder in the recent HINDRAF rally. Now, one would have felt the PM is being very merciful to the 31 accused murderers. To be honest, what is the basis of giving them a pardon before being tried? Wait a pardon? I thought it is only dispensed by the King. Afterall, clear separation of power deemed it necessary that the executive be seen to be not interfering directly with the decisions of the judiciary and the one way to give a criminal a new lease of life as a free person is to seek the Yang Dipertuan Agong to pardon that person of his/her crimes. Of course, under the present system, the PM has set a very good precedent to all would be murderers. All you need to say is I was cheated into participating! Imagine if you are the person who almost lose your life doing your job as an enforcement officer, wouldn't you be damn pissed if no one gives a damn about the sacrifices you made in protecting your country interests. To top it of, your plight has been forgotten and it turns into a media spin to make the PM looks merciful. Is this justice?

Hearing is one thing, having balls is another

Sometimes I wonder if I am hearing right. I often hear people calling my name on the streets and shopping malls because my two syllable name, when pronounced, is synonymous with very common everyday words used. When I turn my head around to look for the person who called me, I noticed they are immersed in their own conversation, which on occasions give me a kind of irritated look and yes, I don't know them too.

Source: http://www.viewimages.com/Search.aspx?mid=52922330&epmid=1&partner=Google

Anyway, we all heard that our PM said he has big ears. He said that he has been listening all the time and he will deal with the problems and if we are impatient, he is even more impatient. So I wonder when the Bar Council walked on 26 September 2007 to submit two memorandums to the PM, did he listen? Surprise, surprise. After close to 3 long months, the Royal Commission of Inquiry (RCI) has finally been set up. The Yang Dipertuan Agong is expected to receive a report from this RCI in 3 months time to deal with the VK Lingam issue. Though LKS expressed his disappointment with the appointment of Tan Sri Haidar as chairman of RCI citing his disgraceful role in the 1988 judicial crisis and the restricted RCI terms of reference, the Bar Council welcomed the PM announcement. The Malaysian Bar, though hoping for wider scope of inquiry, nevertheless sees this narrower inquiry as a very important and necessary step.

Now one must wonder, what sort of wider scope are both LKS and Bar Council hoping? I believe it is not just restricted to finding out if the tape is authentic, who the person on the tape is and who he is talking to and what mode of punishment is due to these judicial fixers, but rather both hoped the Malaysian judiciary can be cleaned up and a proper judicial appointment commission be established to deal with appointment and promotion of judges. I wonder why the absence on this part? Is it because so de facto name caller insistence that there is no such need resulted in our PM needing to sleep further on it? His ears are afterall big. Might be getting a bit too much sound going in there.

Source: http://jagjit7.blogspot.com/2007_09_01_archive.html

One thing for sure is we have to wait for another 3 months to see the outcome of this RCI and indefinite period as to whether their recommendations will be effected. It is interesting to note that the thing this RCI and the previous 3-man independent panel appointed earlier to judge the authenticity of the tape have in common is not just the Lingam tape but the same chairman i.e. Tan Sri Haidar as well. This begs the question as to why is Tan Sri Haidar appointed as RCI chairman for that matter? Also, why is Lee Lam Thye left out with both Haidar and Mahadev appointed as RCI commissioners? This makes one wonder what is actually going on behind the big ears.

From what I observe, if it takes a walk to Putrajaya to yield such cautiously positive results from the powers that be, perhaps one can look forward to the outcome of a 'crisis talk' between a bunch of NGOs and political parties with the PM in relation to recent crackdown on activists and opposition parties. This coalition intends to pursue the agenda of national unity and reconciliation among all Malaysians regardless of race and religion, press on their demands for free and fair elections, and work towards resolving the serious national problems faced.

The ball is obviously in the big ears court to pursue a course which may yet save his reputation. But does he have the balls to do what is right?

Another crisis in the making?

I am not sure about you but the changing of weather of late is really bad for health. I fell sick since yesterday and thank God I am now on recovery path. Anyway, I find it worrying when I read this news from Malaysiakini posted on 6 December 2007 on Zaki will be CJ in 10 months.

Honestly, how do one get a promotion in our judiciary anyway? What sort of KPIs are set for these judges to determine whether who deserves a promotion and who doesn't? From what I see, it appears that one important KPI a judge need is an UMNO membership. I mean, Zaki is the only judge I know who is clearly an UMNO member and he only took 3 months to move up the ranks to the become the Court of Appeal president since being appointed as a Federal Court judge. Don't they need to assess his performance first like whether he can handle the stress and working requirement of being a Federal Court judge? Wouldn't the judiciary want to see whether this guy is well versed and fair in his judgements before elevating him to be the no 2 man in the judiciary system as he needs to lead more learned and senior judges?

Well, if any of you thinks this is highly unfair as in 10 months time Mr Zaki will most likely to be promoted to the top position, please read the petition written by and posted in People's Parliament. You can then send an e-mail to savethejudiciary@gmail.com with your full name and identification card number. I have sent mine and I hope there will be another walk on this matter as I am looking forward to participate.